NCLAT Delhi on Anil Limited Liquidation: Which State Tax Claims Rank as Secured Under the IBC Waterfall
In Commissioner of State Tax Department Vs Ramchandra Dallaram Chaudhary (NCLAT Delhi), the National Company Law Appellate Tribunal, Principal Bench, New Delhi, examined how Gujarat tax dues of Rs. 1,001.72 crore should be classified in the liquidation of Anil Limited under Section 53 of the Insolvency and Bankruptcy Code, 2016. The appeal, filed under Section 61(1) as Company Appeal (AT) (Insolvency) No. 34 of 2024, challenged the NCLT Ahmedabad order dated 31.10.2023 (IA No. 735/NCLT/AHM/2023 in IA No. 435/NCLT/AHM/2023 in CP(IB) No. 66/NCLT/AHM/2017).
Key Timeline
- 23.08.2017: CIRP commenced and moratorium under
Section 14took effect. - 28.08.2017: public announcement, giving 19.02.2018 as the estimated date of closure of CIRP.
- 25.10.2018: liquidation ordered;
Section 33(5)moratorium applied. - 16.10.2018: the Department's attachment of immovable property under the Gujarat VAT Act, 2003.
- 22.06.2023 and 26.06.2023: Liquidator's letters classifying the claims.
- 23.06.2023: the Department's reply letter, later central to the decision.